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Police Chief David Brown listens to community members during a December 2010 meeting about the shooting of Tobias Mackey in which concerns about police excessive force were aired.

The families of a man shot and killed by Dallas police in 2010 as well as a teenager who was grazed by a bullet in the incident are suing the city, the police chief and the officer who shot them.

The suit was originally filed against the city in Dallas County district court in October 2011 by Jacqueline Collins, the mother of Xavion Collins, who was shot in the arm while walking to get a soda at the Cedar Garden apartment complex.

The suit was changed in July to add as defendants Police Chief David Brown and Officer Matthew Tate, who shot and killed an unarmed Tobias Arthur Mackey, 25, during a sweep of the apartment complex.

The change also added Mackey’s family members as plaintiffs. Also in July, the suit was transferred to federal court.

That decision angered Mackey’s family, who said the officer had no reason to open fire.

The suit claims that after being shot, Mackey said: “Why did you shoot me? I don’t have anything.” Tate then shot him again, at close range, the suit alleges. He was shot a total of nine times, according to the lawsuit.

The family states in the lawsuit that Tate had a propensity for harassing and “jacking” people in lower income areas. It alleges unnecessary and excessive force and seeks wrongful death damages.

The city, Brown and Tate deny the allegations.

Dallas police said Tate and other officers were at the complex on Bonnie View Road due to complaints about drug sales, prostitution and other criminal activity.

A trial date is currently scheduled for September 2013.

The Rev. Ronald Wright of Justice Seekers Texas, a civil rights organization based in Oak Cliff, spoke out against the shooting at the time, saying “They’ve got to stop killing African American men, unjustly.”